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Articles 451 - 474 of 474
Full-Text Articles in Law
The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton
The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …
Introduction: Adapting Old Rules For A New Paradigm, Thomas A. Eaton
Introduction: Adapting Old Rules For A New Paradigm, Thomas A. Eaton
Scholarly Works
This Symposium brings together prominent practitioners and academic commentators in the field of health law. They are the authors of leading casebooks, treatises, and articles, and they craft the agreements that make "managed care" a practical reality. Collectively these authors explore a variety of cutting edge legal issues as our health system moves from a "fee-for-service" paradigm to one of managed care. These articles address such issues as tort liability for negligent care, fraud and abuse, disclosure of economic incentives to control costs, and antitrust. These seemingly disparate topics are united by a common theme: the need to adapt legal …
Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews
Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews
The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Beyond Doctrinal Boundaries: A Legal Framework For Surrogate Motherhood, Lori B. Andrews
Beyond Doctrinal Boundaries: A Legal Framework For Surrogate Motherhood, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan
The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan
Mary Ann Chirba
No abstract provided.
Organ Donation As National Service: A Proposed Federal Organ Donation Law, Linda C. Fentiman
Organ Donation As National Service: A Proposed Federal Organ Donation Law, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
It is time to consider an alternative approach to organ procurement and allocation -- one that relies on presumed consent to organ donation, combined with incentives which recognize the communal basis of the obligation to donate one's organs after death. Such a system must provide numerous opportunities for “opting out” of donation in order to promote individual autonomy and use economic and eleemosynary incentives for persons to contribute their organs after death. Mere mention of the words “presumed consent” and “compensated donation” may raise ethical eyebrows. However, a system of presumed consent to compensated organ donation should be considered as …
Alternative Reproduction (With L. Douglass), Lori B. Andrews
Alternative Reproduction (With L. Douglass), Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews
Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Scholarly Works
The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …
Confidentiality Of Genetic Information In The Workplace (With A. Jaeger), Lori B. Andrews
Confidentiality Of Genetic Information In The Workplace (With A. Jaeger), Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Introduction To The Randolph W. Thrower Symposium: Genetics And The Law, Lori B. Andrews
Introduction To The Randolph W. Thrower Symposium: Genetics And The Law, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Review Of Families And The Gravely Ill: Roles, Rules, And Rights, Vanessa Merton
Review Of Families And The Gravely Ill: Roles, Rules, And Rights, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Privacy And Personhood Revisited: A New Framework For Substitute Decisionmaking For The Incompetent, Incurably Ill Adult, Linda C. Fentiman
Privacy And Personhood Revisited: A New Framework For Substitute Decisionmaking For The Incompetent, Incurably Ill Adult, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This Article is thus an exploration of the essentials of the human personhood in community, both the intimate community of family and close friends and the larger, more impersonal community of hospitals and health care providers, courts, legislatures, and lawyers. After undertaking an analysis of the sources of the autonomy model for decisionmaking in this area and the negative consequences of an exclusive reliance on that model, this Article will propose a new moral, legal, and medical framework for making medical treatment decisions for incompetent incurably ill adults. This model both provides maximum opportunities for each individual to determine for …
The Legal Status Of The Embryo, Lori B. Andrews
The Legal Status Of The Embryo, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Review Of The Reign Of Error: Psychiatry, Authority, And Law, Linda C. Fentiman
Review Of The Reign Of Error: Psychiatry, Authority, And Law, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Concept Of Person In The Law, Charles Baron
The Concept Of Person In The Law, Charles Baron
Charles H. Baron
The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Charles H. Baron
While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.
Taking Care Of The Doctor-Patient Relationship (Reviewing Robert Burt, Taking Care Of Strangers), Lori B. Andrews
Taking Care Of The Doctor-Patient Relationship (Reviewing Robert Burt, Taking Care Of Strangers), Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron
Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron
Charles H. Baron
No abstract provided.
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole
Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole
Charles H. Baron
This article examines the system of providing court approval for organ and tissue transplants from minor donors as it operates in Massachusetts. It focuses principally on the substantive interests of prospective donors and on the extent to which the current procedures afford them adequate protection. It begins by examining the requirement of consent and demonstrates the necessity of judicial authorization of minor donors' participation in transplant procedures. Next, it analyzes the current Massachusetts practice and assess its capacity to afford minor donors adequate protection from the possible dangers of serving as an organ or tissue donor. It suggests that the …
Abroad In The Land: Legal Strategies To Effectuate The Rights Of The Physically Disabled, Ann Powers
Abroad In The Land: Legal Strategies To Effectuate The Rights Of The Physically Disabled, Ann Powers
Elisabeth Haub School of Law Faculty Publications
In view of limited legislative action, the handicapped may be forced to resort to the courts in order to vindicate their rights. To do so, they must develop new legal strategies by using existing theories in previously unexplored ways. This Note will consider the development of such strategies in the areas of education, physical access and employment.